Why does a small business need to know about new Trade Union powers?
Why does a small business need to know about new Trade Union powers?
I’ ve written here previously about the ERA( Employment Rights Act) and focused on the changes that will most immediately impact small businesses, such as SSP( statutory sick pay) now being a day one right and unfair dismissal timeframes reducing to six months. This month, I’ m talking about a lesser known aspect of the ERA: the changes to trade union rights.
Some of the trade union reforms already took effect on 18 February 2026, further changes happened on 6 April 2026, and more measures are due in October 2026. So if you have a vague sense that the rules are changing but are not quite sure what has already happened and what is still to come, you are not alone. Here’ s a quick summary: means there is more trust in your workplace. And the flip side of that is that where communication is poor or people feel decisions are done to them, representation and collective voice starts to look more attractive.
• October 2026- a new duty to inform workers of their right to join a trade union comes in, stronger rights of access and new rights and protections for reps – amongst several other changes.
• Feb 2026- a reduction in the notice a union must give before industrial action, from 14 days to 10 days. Removal of the 40 % support threshold in certain important public services.
• April 2026- statutory recognition changes. Unions no longer need to show a majority of workers are likely to support recognition before an application can progress. And where recognition is decided by ballot, a simple majority of votes cast is now enough.
If you thought union recognition happens elsewhere, in larger or more heavily unionised workplaces, that could be about to change. When the recognition route becomes easier, it might mean unions are willing to,‘ test the water’ in workplaces and sectors they previously would have seen as too hard, slow or uncertain.
Of course, for SME employers, it’ s not that every business is suddenly about to face a recognition campaign – I’ m not here to scaremonger. But, it might make you question whether your work culture makes formal organising more or less likely. The obvious things to focus on are listening to employees, having visible and engaged managers, ensuring concerns are dealt with properly and change is handled well. If you’ re doing these already it usually
The proposed right of access is particularly important. It widens trade union access to workplaces and the right to communicate with workers in person or digitally. The bigger picture is that union engagement is being treated less as an exception to be resisted and more as a normal feature of workplace relations.
How you feel about increased trade union rights might feel political but whatever your view, it’ s a good opportunity to sense-check the basics. How strong is day-to-day communication with employees? Are managers equipped to handle challenge and disagreement well? Do people trust internal processes? Are contracts and policies up to date? And if a union did seek access or recognition, who in the business would know what to do?
As always, do get in touch if you’ d like help with any of these changes.
Ruth George- HR Consultant- ruth @ ruthgeorge. com | 07899 920075
© Ruth George HR Consulting. This is not legal advice and is provided for general information only.
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